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       #Post#: 108833--------------------------------------------------
       Euro Car Parks/DCB Legal - claim struck out, trial fee not paid
       - defendants costs?
   DIR By: AndyT008
       Date: February 5, 2026, 11:19 am
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       Hello
       I would be grateful for your advice in regard to the likelihood
       of the defendant being able to recover their costs in a
       particular small claims case that was eventually struck out for
       the claimant’s failure to pay the trial fee. The details of that
       defended claim are as follows.
       Euro Car Parks and DCB Legal, a boiler plate claim for payment
       in relation to an alleged parking contravention. The Particulars
       of Claim did not provide sufficient detail for the defendant to
       understand the cause of the claim. The defence set out the
       further details that were needed, but the claimant chose to
       proceed and not provide any of that detail. The defendant asked
       for the missing details again during the mediation call, but the
       person attending the call for the claimant could/would not
       provide the detail.
       The claim was then allocated to the small claims track and the
       judge made an order setting out what the parties must do before
       the hearing date. The claimant did not comply with any of that
       order; failing to provide a witness statement, failing to give
       the additional specific details of the parking contravention (as
       set out in the order), and finally did not pay the trial fee.
       The defendant complied with the order, and on time filed and
       served their witness statements (x2).
       The claim was eventually struck out by the court when the
       claimant missed the deadline for paying the trial fee.
       Interestingly, the notice of trial date document, issued by the
       court with the order, specifically stated that should the trial
       fee not be paid by the due date the claimant would be liable for
       the costs which the defendant had incurred. Would the wording in
       that notice about costs carry any weight on the small claims
       track?
       Thanks.
       #Post#: 108837--------------------------------------------------
       Re: Euro Car Parks/DCB Legal - claim struck out, trial fee not
       paid - defendants costs?
   DIR By: jfollows
       Date: February 5, 2026, 12:01 pm
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       I’m no expert, but you may want to start with 3.7 at
  HTML https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.7A1<br
       />and 38.6 at
  HTML https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.6<br
       />and 44.9 at
  HTML https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs#rule44.9
       Also 27.14 at
  HTML https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14
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